Kelly v. Alred
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. In April, 1883, Ida A. Aired and her husband, Ellison Aired,, lived on and occupied a certain tract of land as a homestead. The land was the property of the wife, and the husband was partially insane. In that month they moved some eighteen or twenty miles to the home of a mother of Mrs. Aired. Whether to remain permanently or only temporarily is in dispute.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. In April, 1883, Ida A. Aired and her husband, Ellison Aired,, lived on and occupied a certain tract of land as a homestead. The land was the property of the wife, and the husband was partially insane. In that month they moved some eighteen or twenty miles to the home of a mother of Mrs. Aired. Whether to remain permanently or only temporarily is in dispute. On May 31, 1883, Mrs. Aired died, leaving a will in which she-devised the land above referred to to her brother, James W. Kelly. Ellison- Aired, the husband of Mrs.…
1Opinion of the CourtArnold, C. J.
A married woman enjoys as large freedom in this State as a man in regard to the testamentary disposition of her property She may dispose of her estate, real and personal, by last will and testament, in the same manner as if she was not married. Code, Section 1169. When the title to the homestead exempted from execution or attachment is in the husband, no conveyance, mortgage, deed of trust, or other incumbrance upon it by him is valid or binding unless signed by his wife, if he is married and living with his wife. Code, Section 1258. And where the homestead is the separate property of the…
2Cases cited3 opinions
- Turner v. TurnerMississippi Supreme Court · 1855
- Osburn v. SimsMississippi Supreme Court · 1884
- Norris v. CallahanMississippi Supreme Court · 1881
3Cited by5 opinions
- Waldrup v. United StatesDistrict Court, N.D. Mississippi · 1980
- Bank of Hazlehurst v. Goodbar & Co.Mississippi Supreme Court · 1895
- Fellows v. BaasMississippi Supreme Court · 1952
- Freeman v. . LideSupreme Court of North Carolina · 1918
- Freeman v. LideSupreme Court of North Carolina · 1918